VETERANS BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS: VUČKOVIĆ AND OTHERS AGAINST SERBIA

This paper investigates the case of Boban Vučković and others before the Serbian judiciary, Constitutional Court of Serbia and the European Court of Human Rights, which was induced by Serbian Government`s lack of recognition of the right to a fair remuneration to the military reservists-veterans of the armed conflict in 1999. in former Yugoslavia. The judicial restrictive approach in interpretation and application of anti-discirimination law norms (contrary to the principle iura novit curia) was criticized. Certain solutions were proposed in accordance with international standards, based on non-discriminatory treatment of military reservists in relation to other persons who perform public service, and on obligation to a just satisfaction due to violation of personality rights contained in physical and psychological attrition in military service during the war.